On Tuesday, September 8, 2009, Encari provided its comments regarding NERC's Proposed Procedure for Requesting and Receiving Technical Feasibility Exceptions to NERC Critical Infrastructure Protection Standards and Related Amendments to NERC Rules of Procedure ("Proposed Final TFE Procedure").  An account of the comments Encari submitted is succinctly provided below: 

1. The term “operationally feasible” appearing in Section 3.1 of Appendix 4D to the Rules of Procedure should be defined in Section 2.0 of Appendix 4D to the Rules of Procedure . 
2. Pending TFE Requests submitted under NERC’s Interim Compliance Process Bulletin #2009-006 “Interim Approach to Technical Feasibility Exceptions” (Interim Approach) should be reviewed under the standards set forth in the Interim Approach.
3. Include an automatic TFE exception under CIP-007-1, R4 and R4.1 for non-programmable network devices.  
4. Include an automatic TFE exception under CIP-007-1, R5.3 for non-programmable network devices.  
5. CIP 004-1, R3 should be included among the Applicable Requirements listed in the Scope of Appendix 4D to the Rules of Procedure.

Refer to NERC's web site in order to review Encari's complete comments regarding NERC's Proposed Final TFE Procedure.